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Apr 22, 2013
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he has yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off, put it down, did not react when the first explosion went off and then moved away from the backpack in time for the second explosion, so pretty clear about his involvement and pretty chilling, frankly. >> all right, so while we wait on that video, i want you to look at these new infrared images released showing the final intense moments of the manhunt. stun grenades just exploded as police moved in to capture the 19-year-old, and it capped a nearly four-day search for dzhokhar and his older brother, tamerlan, and while the nation was reeling, we are getting word this morning that the brothers actually
he has yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off,...
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Apr 22, 2013
04/13
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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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Apr 22, 2013
04/13
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h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police responded to a shooting in federal way when two men were injured in a parking lot. officers moved to assist them. that's when they opened fire. a man and a woman also found dead inside of an apartment. there's no word on what sparked the shooting. >> four more victims have been identified from the deadly fert liedzer plant explosion. among them two brothers doug and robert newcastle both firefighters. >> both brothers were ready to serve neighbors in their time of need. they were the first in the emergency situation. robert and doug were more than just brothers. they were lifelong best frie
h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police...
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Apr 22, 2013
04/13
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miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >>
miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions...
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Apr 22, 2013
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. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet caroline." as red sox fans sung along in unison. ♪ sweet caroline ♪ bum, bum, bum >> what a moment. >>> later in this half hour, details about the older brother's american wife. >>> and later on "good morning america," a closer look at any missed warning signs. >>> major breaking news from washington state. five people are dead in a shooting at an apartment complex in the town of federal way, south of seattle. a suspect was shot by police officers. he's believed to be the only shooter. no word yet from investigators on what led to the gunfire. this is a story we'll be tracking all morning. >>> a few of those displaced by
. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet...
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Apr 22, 2013
04/13
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. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i don't think we have to cross the line and say he's an enemy combatant which could be challenged in court. one circuit rules one way, one rules the other way. >> we should reserve the right to look at him as an enemy combatant and continue to look for evidence and if we find evidence and go to him as chuck says and gather intelligence. >> now the suspect's mother says tamer lan was contacted by fbi. the fbi says that is not true but the fbi did interview him in 2011 at the request of the russian government. officials are focusing on a trip he made to russia in 2012. sky news's katie stallard ha
. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i...
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Apr 22, 2013
04/13
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that means he must be read his miranda rights, notifying him of his right to remain silent. ed davis says the two bombing suspects were planning more attacks. >> we have reason to believe based upon the evidence that was found at that scene, the explosions, the explosive ordinance that was unexploded and the fire power that they had that they were going to attack other individuals. >> so far, police have not released any information about a possible motive. this is the first sunday since the boston marathon bombings and thousands around the bay area gathered at church services today to pray for the victims. we will have that part of the story in about 30 minutes. >>> you can find more on our website. there is a special tab on the front page with pictures and a slide show. log on to ktvu.com for our continuing coverage online. >> in san jose, police are looking for clues in two separate shootings, one involving a car filled with people. it happened outside of the fiesta nightclub and restaurant. an argument inside may have spilled out into the parking lot. investigators say t
that means he must be read his miranda rights, notifying him of his right to remain silent. ed davis says the two bombing suspects were planning more attacks. >> we have reason to believe based upon the evidence that was found at that scene, the explosions, the explosive ordinance that was unexploded and the fire power that they had that they were going to attack other individuals. >> so far, police have not released any information about a possible motive. this is the first sunday...
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Apr 23, 2013
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. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question was tamerlan tsarnaev involved in a 2009 triple murder. molly, we also hear that there is good news today about the victim. >> good morning, heather. two in critical condition. doctors are telling us everyone now in the hospital are expect to do survive. there were 14 patients that lost lefshs. boston medical center say many are up and walking and they are preparing for a massive exodus as they call it to rehab. many recoveries underway. investigators are looking to speak with suspect number one's wife tamerlan tsarnaev was married to katherine russell tsarnaev. they met in college in 2010 and sometime around tha
. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question...
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Apr 23, 2013
04/13
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earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and 70 people and including carjacking and that engaging in a shootout and kill in the off. kill with police under bridge droll over while flame. the kid rush of when asked if he can afford lived in the united states for 10 years. just last year in is unclear he was doing in rush the court has resulting in death. yet or did he have any contact with others. exploside device resulting >> pam: in death. if convicted.he could face >> catherine: the death penalty. people with investigators.mostly across the city of boston through writing and headhe's in ser
earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and...
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Apr 22, 2013
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they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect
they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still...
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Apr 20, 2013
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roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ] bjorn's small business earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth ] why settle for less? ahh, oh! [ garth ] great businesses deserve unlimited rewards. here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there !
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ]...
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Apr 23, 2013
04/13
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miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just do this
miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's...
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Apr 23, 2013
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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Apr 22, 2013
04/13
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you shouldn't have questioned without his miranda. what happens then? that means, they throw out his statement. so what? they don't need his statement in connection. >> they have all the other evidence. >> this is about getting intelligence from him. not a statement they can use in court. >> and these charges expected to be filed. almost certain to face the death penalty. >> it will be a death-eligible charge for sure. a decision made later to seek the death penalty. the use of a weapon of mass destruction would be a death-eligible. >> the fbi interviewing the older brother in 2011. some members of congress saying that was a missed opportunity, criticizing the fbi for not keeping their eyes on tamerlan. >> well, let's look at this. hundreds of thousands of versions of him are floating around the country. the fbi go, they do a background, sometimes ultimately interview them. visiting jihadist websites are not against the law. a lot of teenagers and young adults are doing that. so, the question is, you have to do an assessment if you're an fbi agent. do y
you shouldn't have questioned without his miranda. what happens then? that means, they throw out his statement. so what? they don't need his statement in connection. >> they have all the other evidence. >> this is about getting intelligence from him. not a statement they can use in court. >> and these charges expected to be filed. almost certain to face the death penalty. >> it will be a death-eligible charge for sure. a decision made later to seek the death penalty. the...
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Apr 20, 2013
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the suspect has not been myrrh an di -- mirandaized. and broadly asserted by the obama administration, tonight the president spoke of what appears to be the end of the first chapter of this national episode. >> in this age of instant reporting, tweets and blogs, there's a temptation to latch on to any bit of information, sometimes to jump to conclusions, but when a tragedy like this happens, with public safety at risk and the stakes so high, it's important that we do this right. that's why we have investigations. that's why we relentlessly gather the facts. that's why we have courts. that's why we take care not to rush to judgment, not about the motivations of these individuals, certainly not about entire groups people. >> after a day in which the greater boston area was in lockdown, a virtual ghosttown, nearly as far as we can tell, unprecedented. less than an hour after the curfew was lifted this was the result. >> a man had gone out of his house after being inside the house all day bading by our request to stay inside. he walked outs
the suspect has not been myrrh an di -- mirandaized. and broadly asserted by the obama administration, tonight the president spoke of what appears to be the end of the first chapter of this national episode. >> in this age of instant reporting, tweets and blogs, there's a temptation to latch on to any bit of information, sometimes to jump to conclusions, but when a tragedy like this happens, with public safety at risk and the stakes so high, it's important that we do this right. that's...
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Apr 22, 2013
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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Apr 20, 2013
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he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirators, no outstanding plots, you can ask someone questions without giving them a miranda warning and all their answers are still add admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do t
he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety,...
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Apr 23, 2013
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but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got tonight. again, this is a senior government official saying that the initial interrogation of dzhokhar tsarnaev in his hospital bed, he says that he and his brother were not in touch with any overseas terrorists or groups. they conceived the attack on their own, motivated he told them by religious fervor. that's the language that i have been given. how -- how should that be approached in terms of strategically trying to unwind any threats that might exist beyond these young men? they're saying they acted alone. but presumably, the thing that made them want to do this could make other peop
but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got...
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Apr 22, 2013
04/13
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while the obama administration has agreed to decllay a readingf the miranda rights, the administration is not going along with republicans who are calling for a change in the prosecution play book. >> this man in my view should be designated as a potential enemy combatant and we should be allowed to question him for intelligence gathering purposes. >> literally hundreds of terrorists, those accused of terrorism, have been successfully prosecuted and imprisoned in the united states using the same process that's being used in this case in boston. >> at the same time, lawmakers want to know a lot more about the suspect's dead brother, tamerlan tsarnaev traveled to russia for six months last year after he was brought to the attention of the fbi as a possible islamist extremist. this has added a sharp new angle to the debate over immigration reform. >>> we have new video to share with you tonight. this is home video obtained by nbc news showing surviving bombing suspect dzhokhar tsarnaev competing in a wrestling match in 2009. he's the wrestler in the black uniform there. he competed in the
while the obama administration has agreed to decllay a readingf the miranda rights, the administration is not going along with republicans who are calling for a change in the prosecution play book. >> this man in my view should be designated as a potential enemy combatant and we should be allowed to question him for intelligence gathering purposes. >> literally hundreds of terrorists, those accused of terrorism, have been successfully prosecuted and imprisoned in the united states...
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Apr 16, 2013
04/13
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custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make sure they maintain the possibility of ultimately getting criminal conviction? >> absolutely. >> joining us is an eyewitness to the bombing. he ran the marathon and was in the medical tent when the explosions happened. joining us by phone from boston. describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah. the first thing, this was wave three, so i was running -- i was a charity runner, so we started at approximately 10:40 a.m. then i finished just under four, my first under four, thus i pushed pretty hard mile 25 and 26. that means i was pretty winded, dizzy and felt
custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make...
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Apr 20, 2013
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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Apr 22, 2013
04/13
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should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence people. get all the intel you can. then turn him over to the civ civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group, fbi cia, dod. they don't have a long time to do that
should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as...
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Apr 22, 2013
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but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to pursue death, the only way he's going to get out of that is either through some sort of mental health defense or through cooperation with the government where if he can reveal information that could be of assistance in prosecuting others or uncovering other plots, they may be willing to bargain for life in prison. >> yeah. i don't -- >> jay? >> i think just real quickly, i think that they're going to ask the families of the decreased and the people that got maimed. they're going to -- families of the deceased and people that got maimed and ask them what their opinion is. i think there's a good
but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to...
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Apr 22, 2013
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. >>> no questions before his miranda warnings would be admission i believe in court. prosecutors say they have plenty to convict him. keeping in mind he is a u.s. citizen with all the same rights as anymore else. dzhokhar tsarnaev is waking up answering investigators in writing. they are questioning him as an enemy combatant. >> i want the intelligence to save american lives. that can only be done effectively if he is treated as an enemy combatant. >> they don't need his confession to get him into trial. i think we don't have to cross the line. >> this morning, lots of questions about why the fbi didn't do more after inquiries about the older tsarnaev with radical groups. zi want to know how the fbi dropped the ball. we are at war with radical islamists and we need to up our game. >> tamerlan tsarnaev spend six months in russia. they interviewed him before he left. >> i want to know why after he was interviewed and after a foreign intelligence service raises the flag on the individual why he was allowed to travel abroad. >> some lawmakers insist the fbi did as much as
. >>> no questions before his miranda warnings would be admission i believe in court. prosecutors say they have plenty to convict him. keeping in mind he is a u.s. citizen with all the same rights as anymore else. dzhokhar tsarnaev is waking up answering investigators in writing. they are questioning him as an enemy combatant. >> i want the intelligence to save american lives. that can only be done effectively if he is treated as an enemy combatant. >> they don't need his...
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Apr 22, 2013
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they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do th
they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy...
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Apr 22, 2013
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>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an argument that's going to be handed to this defendant's defense attorney when that time comes. there have been contradictory statements made that there is no public threat, there is no ticking bomb, thank goodness, apparently, based on what we know so far. so we're giving them an argument to use later. >> the issue is, the questioning that's permitted without miranda is very narrow in scope, correct? >> yes. it's about what the public threat is. it's not all of theasis and the background and the motive questions. >> that's what brings me to this issue that's percolating in washington now. there are some nationa
>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an...
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Apr 22, 2013
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. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university of massachusetts were stushed to learn they -- were stunned to learn they knew one of the bombers. >> he's like, yeah, tragedies happen. >> they say he was on campus and say they were shocked when they saw his picture on tv after the explosion. coply square will remain closed for at least two more days. fbi agents scour the scene for evidence and debris from the bombing is cleared. officials say the square will not reopen until the fbi investigation is complete. >>> :7:-- 7:03. the as are in oakland getting ready to begin a series with the boston red sox. some plan to meet with air aaron -- with aaron hearn, th
. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university...
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Apr 19, 2013
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the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government has to classify him as such. then he is treated very differently. in american citizen jars of the typical crime, if you want to call it. stuart: and sorry to do this to you. stay right there. domestic this commercial break. we will be back quickly to myve, promise to that. ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out o10 large professional investors choose ishares for their etfs. ishar
the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government...
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Apr 23, 2013
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as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev. in the criminal complaint, investigators built a minute by minute account of the tsarnaev brothers as they moved the crowds at the mara
as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also...
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Apr 21, 2013
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he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of you haveerties saying cases where -- you have the same two senators, john mccain and lindsey gramm, who said this person is a terrorist and should not have parental rights. it seems the obama administration is going to be straddling the middle ground, as they did with the so-called under armour from a few years ago. underwearcalled bomber. host: national journal peteting the headline, williams reporting philosophy and why he was getting the boston story right. guest: i would have to say that pete williams is the best i have ever come across, so measured and sofer. is amazing he was able to be showcased the y he was. story.s a complicated a lot of journalists for getting the facts wrong as it was developing in real time, but pete williams was a constant force who was right 100% of the way. it is a model t
he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of you haveerties saying cases where -- you have the same two senators, john mccain and lindsey gramm, who said this person is a terrorist and should not have parental rights. it seems the obama administration is...
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Apr 22, 2013
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is supposed to have their miranda rights read to them. do you know if they actually read them the miranda rights? >> i don't know yet. presumably that may happen before there are charges. but there is a public safety exception where they can delay reading him his rights. as you know, there are all these calls to try him as an enemy combatant as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he carried out the crime on u.s. soil. and there doesn't seem to be a whole lot of legal basis to try him as enemy combatant, which is not to say there aren't going to be more calls particularly from the right to do just that. >> when in theory you have so much evidence on american soil, why tarnish the prosecution by going enemy combatant. if you have no backlash from anybody who says you didn't do it the right way. >> he stole a suspect. but clearly -- you've got to walk through the process, right? >> i was thinking this weekend, again, and i'm speculating, you
is supposed to have their miranda rights read to them. do you know if they actually read them the miranda rights? >> i don't know yet. presumably that may happen before there are charges. but there is a public safety exception where they can delay reading him his rights. as you know, there are all these calls to try him as an enemy combatant as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he...